H. J. Wood Co. v. Mary A. Jevons

During March 1957 appellant, Mary A. Jevons, caused a well to be drilled upon her 40-acre tract of uncultivated desert land. On February 8, 1958 she moved a house upon the property and thereafter occupied it as her home. On March 26, 1958 she entered into a written conditional sale contract with respondent, H. J. Wood Co., Inc., for the purchase and installation of an electric water pump in the well on her property. The consideration therefor was $4,200, payable $1,200 in cash as down payment and $1,500 plus interest on or before May 1, 1959 and $1,500 plus interest on or before May 1, 1960. The pump was installed and appellant failed to make any payment after the cash down payment and respondent, as plaintiff, commenced this action January 30, 1961, to recover possession of the pump or its value, together with an additional sum of $909.75 plus interest for materials and labor furnished and a loan of $200. Appellant, as defendant, admitted respondent's corporate existence and execution of the contract, but denied all other allegations of the complaint. As an affirmative defense and cross-claim appellant alleged that the pump never functioned properly; that between July 1 and August 5, 1958 respondent removed the pump to make repairs and failed to provide appellant with a substitute pump during said period, resulting in a $4,000 damage to appellant's 1958 crops; that in making repairs to said pump respondent carelessly and negligently lost the tail pipe of said pump in the well, causing an inadequate flow or supply of water during the irrigation season of 1959 and resulting in another $4,000 damage to appellant's 1959 crops. Respondent denied all of such allegations.